Anil Kumar Katheria vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23364 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56775
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6351 of 2023
 

 
Petitioner :- Anil Kumar Katheria
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Finance Govt. Of U.P. Civil Sectt. Lko And Another
 
Counsel for Petitioner :- Shrawan Kumar Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.

2. Petition has been filed seeking a direction to opposite parties for opening sealed cover pertaining to recommendations made by Departmental Promotional Committee, pertaining to petitioner for promotion on the post of Senior Auditor against the recruitment year 2015-16 from the date persons junior to petitioner have been granted promotion. All consequential service benefits have also been sought.

3. It is submitted by learned counsel for petitioner that earlier petitioner was suspended from service vide order dated 17th June, 2009 on the ground that he was accused in criminal proceedings pertaining to Case Crime No.706 of 2009.

4. It is submitted that in the departmental proceedings initiated against petitioner, he has already been exonerated vide order dated 25th September, 2020 but in the meantime, departmental promotional committed was constituted in 2017 and due to pendency of criminal proceedings, petitioner's recommendations have been kept in sealed cover.

5. It has been submitted that petitioner has a right to promotion in case recommendation has been made in his favour with such right being indicated in the Government Order dated 28th May, 1997. It is submitted that petitioner's case is also covered by judgment and order dated 26th May, 2022 passed by this Court in Writ A No.8151 of 2022; Neeraj Kumar Pandey vs. State of U.P. & Ors.

6. For the said grievance, petitioner has already submitted a representation, but liberty is sought to file a fresh representation before the concerned authority, which may be decided.

7. Considering the innocuous prayer made by learned counsel for petitioner and without entering into merits of the case, liberty is granted to petitioner to file a fresh representation before opposite party no.2 i.e. Director, Internal Audit and Accounts, U.P. 510/217, New Hyderabad, Lucknow, who shall decide and consider the representation of petitioner taking into account the Government Order dated 28th May, 1997 and the judgment and order dated 26th May, 2022 passed in Neeraj Kumar Pandey (supra) within a period of six weeks, from the date fresh representation is produced before the said authority along with certified copy of this order.

8. With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 25.8.2023

Arnima